Editorial: Setback for states on Indian gaming

Wednesday, May 6, 1998 | 11:16 a.m.

Sens. Harry Reid and Richard Bryan, both D-Nev., wanted legislation enacted that would have prevented Interior Secretary Bruce Babbitt from putting in place new regulations that would let him permit Indian gaming, even if a state objects. Under the 1988 Indian Gaming Regulatory Act, a tribe can negotiate a gambling compact with a state, permitting it to operate the same type of gambling the state already allows. Some tribes, however, have taken a different interpretation, asserting that the existence of even nominal types of gambling, such as state lotteries or bingo, gives them the green light to open casinos.

Babbitt believes he should have the final say on this controversial issue. But the interior secretary simply shouldn't have the authority that is supposed to reside with the chief executive of a state, the governor.

Reid and Bryan are considering other avenues still available, possibly attaching the measure to another piece of legislation later this year. The states -- not the Interior Department -- should determine what types of gambling they want.